Last updated: 20th of June 20, 2019
1. OVERVIEW OF TERMS
Tumbleweed Inc. (herein as “Tumbleweed” or "we" or "us" or "our") provides this Terms of Service Agreement (herein as “TOS”) to users of our website and services (users also "you" or "your"). We operate our e-commerce services from 433 E. LAS COLINAS BLVD., SUITE 1290 IRVING, TEXAS 75039 USA with Tax ID 61 – 1919458.
You are expected to read the whole terms and conditions contained in this TOS and agree to it. By using our website to order products from us, you represent to us that you have read the entirety of this TOS and have agreed to be bound by it. Should you disapprove or disagree with any clause, paragraph, or terms available in this TOS, the only option available to you is to stop the use of our website and services.
We have the sole right, at our discretion, to update, modify, discontinue, change, suspend, or review (collectively “Update”) a part or portion of our website, its features, product prices, this TOS, and other agreements as established by us now or later without any form of liability to you or any third party. Any Updates made to this TOS, our website and services may or may NOT be communicated to you. Communication may be in the form of email messages. Notwithstanding, any Updates made to this TOS shall take effect by changing the date above
2. USER ACCOUNT
You may access certain areas of the website without being required to register, but accessing some parts of our services require you to register for a user account which will be solely operated by you alone. By creating a user account, you agree that only you will have access to your account and that you will limit your login details to yourself alone. Furthermore, you agree and covenant to inform Tumbleweed of any unauthorized third party access to your account and any loss of your login details. Tumbleweed will not be liable to you for any loss or damage incurred by you due to your breach of the disclosures under this section.
3. SERVICE ELIGIBILITY
The website and our services are only made available to you only if you are at least 18 years of age or the majority age, depending on the state/country you are using our services from. Our services are also intended for the sale of varieties of boots as described on our website homepage. We do not make our website and services available for any other purposes not described by us. By accessing our website and using our services, you represent to Tumbleweed that you are not a minor in your location and that you have the capacity to use our services. You also represent that you are not breaching or violating any applicable law in the state/country you are using our services from including copyright laws.
4. YOUR PURCHASES AND INFORMATION ACCURACY
We hold the sole right to refuse or limit any purchase request made by you at our discretion. Limits or refusal by us on purchases may be on order requests from the same user account, same billing address, or the same shipping address. Should we refuse or limit order requests from you, we will endeavor to communicate with you via any of your available contact information submitted by you during the request. In addition, we, in our discretion, reserves the right and authority to cancel or refuse any order request believed by us to be made by resellers, retailers, distributors, and/or dealers. By placing an order with us through our website, you agree that any information you have provided in relation to your purchases including but not limited to billing information, shipping information, profile information, contact information, and other relevant information is accurate, complete, and up-to-date. You also agree that you will update this information if there are any changes.
5. YOUR SUBMISSIONS
Unless Tumbleweed provides otherwise in this TOS or order terms, any post or submission made by you on the website including but not limited to user reviews, suggestions, ideas, know-how, comments, pictures, and ideas (collectively, “Submissions”) shall be deemed by us to be non-proprietary or non-confidential, and we shall have a royalty-free, worldwide, irrevocable, transferable right to use, copy, publicly perform, post, distribute, sell, transmit, or otherwise create derivative works from such Submissions. Tumbleweed shall also have the right to, in any form, modify, translate, disassemble, or reverse-engineer such Submissions and shall become our exclusive property. Furthermore, we also have the rights to use any personally identifiable information (“Personal Information”) including your name attached to any Submission you post on the website in relation to your reviews and comments. By posting any Submission on our website, you represent, warrant, and covenant to Tumbleweed that your Submission including review and comments is your exclusive property and that they are not infringing on any third party’s copyright or intellectual property rights. In our sole discretion or for the interest of other users, we may remove Submissions believed to be originating from a false or misleading source. In addition, we reserve the right to remove any Submission that is obscene, racist, defaming, or otherwise directed to abuse a race or government.
6. INTELLECTUAL PROPERTY RIGHTS
The content on our website (“Tumbleweed Content”) including the trademarks and service marks are owned by or licensed to Tumbleweed, and are subject to intellectual property rights and copyrights under the United States of America and international convention. All the Tumbleweed Content include but are not limited to the service name, texts, source codes, functionalities, graphics, logos, images, sounds, videos, products, software, button, icons, and page headers. Our trademarks may not be used as part of a domain name or trademark in connection with any services or products which is likely to confuse, and may not be copied or used without taking permission from Tumbleweed. If you are able to use our website and services, we grant you a limited license to use the website and download any Tumbleweed Content whatsoever for your personal, non-commercial use only.
7. PROHIBITED ACTIVITIES
In addition to any prohibited activities as may be established by us further in this TOS or other agreements, you shall stay away from the following prohibited activities regarding your use of our website and the Submissions you make:
- a. Using our services or website for unlawful acts or encouraging others to do so;
- b. Violating any local, state, or federal law, rule, statute, regulation, or ordinance through your use of our services;
- c. Violating Tumbleweed or any third party rights including copyright and intellectual property rights;
- d. Providing us with false, inaccurate, incomplete or misleading information;
- e. Attempting to circumvent or interfere with any measures put in place to secure our website or measures that make up the website;
- f. Gathering information from other users in order to send them unsolicited messages or track their activities; and
- g. Engaging in unwanted activities such as spamming, phishing, sending bots or viruses, etc.
If you are found to be in breach of these prohibited activities, we reserve the right, without liability, to terminate, suspend, restrict, or disable your user account including access to our website.
8. ERRORS AND OMISSIONS
Prices of products may be listed incorrectly, which may be due to typography errors. If this occurs, Tumbleweed reserves the right to refuse or cancel any order request made by you, including in such cases where the order price has been charged to your payment method. However, in the event that you are charged, we will refund the charged amount to your payment method.
10. INTERNATIONAL ACCESS
If you access our website and use our services from any country outside the US, some of our products may not be available to you. If you access the website from locations outside the United States, it does not mean that any products available on the website will be available to you in the location you are accessing the website from.
11. SERVICE DISCLAIMER
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, YOU HEREBY AGREE THAT YOUR USE OF THE TUMBLEWEED WEBSITE AND YOUR PURCHASE OF OUR PRODUCTS IS DONE AT YOUR SOLE RISK. TUMBLEWEED PROVIDES THIS WEBSITE AND OUR SERVICES ON “AS IS” AND “AS AVAILABLE” BASIS AND WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESSED OR IMPLIED) IN CONNECTION WITH YOUR ACCESS TO OUR WEBSITE AND ITS USE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE TUMBLEWEED CONTENT AND OTHER WEBSITES LINKED TO US WILL BE ACCURATE AND COMPLETE. FURTHERMORE, WE DO NOT WARRANT TO YOU THAT THE WEBSITE WILL: (A) NOT CONTAIN ERRORS, OMISSIONS, MISTAKES, AND INACCURACIES; (B) BE FREE FROM UNAUTHORIZED ACCESS TO YOUR SUBMITTED PERSONAL INFORMATION OR OTHERWISE BE SECURED AT ALL TIMES; (C) BE AVAILABLE AT ALL TIMES; AND/OR (D)MEET YOUR NEEDS AS EXPECTED.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TUMBLEWEED OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTIAL, SPECIAL, OR PUNITIVE LOSS OR DAMAGES INCLUDING DAMAGES LEADING TO LOSS OF PROFIT, GOODWILL, REVENUE, DATA, OR OTHER DAMAGES THAT MAY ARISE DUE TO YOUR USE OF OUR WEBSITE OR OUR SERVICES, EVEN THOUGH TUMBLEWEED MAY HAVE HAD A PRIOR KNOWLEDGE OF SUCH DAMAGES OR LOSS OCCURRING. NOTWITHSTANDING THIS LIMITATION OF LIABILITY STATEMENT, OUR LIABILITY TO YOU, IF FOUND LIABLE, SHALL NOT EXCEED THE SUM OF YOUR PURCHASES PRICE PAID TO US FOR SERVICES. SOME UNITED STATES LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF SPECIFIC DAMAGES OR LOSSES. IF YOU ARE IN ONE OF THESE STATES, SOME OR ALL OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IF YOU ARE RESIDENT IN THE STATE OF CALIFORNIA, YOU MAY WAIVE CALIFORNIA CIVIL CODE SECTION 1542. IT STATES THAT “A GENERAL RELEASE DOES NOT INCLUDE SUCH CLAIMS WHERE THE DEBTOR DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN, MUST HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE CREDITOR”
You now agree to indemnify and hold Tumbleweed, our affiliates, subsidiaries, officers, employees, stakeholders, and agents harmless from and against any loss, claim, liability, and damages that may be made by any third party arising out of your use of our website, your use of our services, the Submissions and contents you make, ad your breach of this TOS, and any of your representations, warranties, and covenants as set forth in this TOS.
14. GOVERNING LAW AND DISPUTE RESOLUTION
- a. Governing Law; Jurisdiction: Any and all claims or disputes arising out of this TOS or other agreements in relation to our services and your use thereof shall be governed and construed by the State of Texas without regards to conflict of laws and its principles.
- b. Binding Arbitration: Both you and Tumbleweed now agree that all disputes that are not resolved by informal resolution will be submitted to binding arbitration in the State of Texas before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected subject to the rules of the AAA found on its website at www.adr.org or by mutual agreement of parties. The arbitrator shall be an attorney licensed to practice law in the State of Texas. Either of the party to this agreement shall not challenge the venue or jurisdiction as stated in this “Governing Law and Dispute Resolution” Section. However, nothing in this TOS shall prevent either party from seeking injunctive relief from the court. Both parties agree that the resolution of disputes shall be on an individual basis only and not a class, representative, or consolidated action.
15. COPYRIGHT COMPLAINTS
We respond to copyright infringement claims in accordance with the Digital Millennium Copyright Act (“DCMA”). If you believe any submitted content on the website infringes on your copyright, we will reasonably investigate such claims and take the content down including possible termination of the infringer’s account. To report a copyright infringement claim, you are required to contact Tumbleweed with the following information;
- a. An electronic or physical signature of you or any agent designated by you to make the claim;
- b. A detailed description of the infringed copyright content including the page where it can be found;
- c. Your contact information including your email address, phone number, and residential address, etc.;
- d. A statement by you in “good faith” that you did not authorize the infringer to post or submit the content;
- e. A statement by you or your designated agent that the information you have submitted above is accurate and complete.
To report your claims including the information above, use our copyright agent’s address below; Tumbleweed Inc. 433 E. Las Colinas Blvd., Suite 1290 Irving, Texas 75039 USA email@example.com 16. RISK OF LOSS You now agree that the risk associated with loss of any product purchased by you is automatically transferred to you upon the delivery of such product. The risk of loss of any returned product shall not pass to us until the item is delivered to us.
- a. By User: You may, at any time, terminate your user account at your discretion. You may terminate your account by sending us a request through our email address at firstname.lastname@example.org or by simply going through your user account profile.
- b. By Tumbleweed: We reserve the right, at any time, with or without notice to you, to terminate, suspend, restrict, or ban your user account if, in our belief, you are found to be in violation of any part of this TOS, our policies, guidelines, and other terms and conditions as may be established by us. Termination of your user account shall be followed by deleting your user account including all your Submissions and present purchases, and further refusing you access to our services.
18. THIRD PARTY LINKS
The website may contain links, adverts, content (collectively, “Third Party Links”) from other websites. These Third Party Links are just on our website for reference purposes. Tumbleweed does not control these Third Party Links neither does this TOS govern their activities. We do not warrant to you that your access of any Third Party Link is safe, secure, complete, or harmless. You should review the Terms and Conditions that govern each Third Party Link you access through our website. Tumbleweed shall NOT be liable to you for any loss or damages you may suffer from any access of Third Party Links on our website.
- a. Entire Agreement: This TOS represents the entire agreement between Tumbleweed and you in relation to your use of our services.
- b. No Waiver: Tumbleweed’s failure to exercise or enforce a right or provision of this TOS does NOT serve as a waiver of such right at a later date.
- c. No Assignment: You may not assign or transfer your user account to a third party without our consent. Tumbleweed, on the other hand, may assign our rights to third party service providers.
- d. Force Majeure: Tumbleweed shall not be liable to you for any loss you may incur for any delay or inability to perform our obligations under this TOS which may arise due circumstances that are beyond our reasonable control including but not limited to wars, riots, internet breakdown, fire outbreaks, acts of God, and government intervention.
- e. Severability: If any provision or section of this TOS if found by a competent court to be void, enforceable or invalid, such section shall be taken down or modified without it affecting the validity and enforceability of the remaining clauses or provisions.
- f. No Partnership: No Partnership or joint venture relationship is created between you and Tumbleweed as a result of your use of our website and services.
20. CONTACT INFORMATION
Reach out to Tumbleweed via the below contact information for your concerns, questions, requests, suggestions, feedback, and ideas about this TOS, other agreements, policies, our services, and/or our website: